Parmele v. McGinty

Citations

• 52 Miss. 475

Syllabus

<p>1. Chancery Practice : Statute of limitations. T/mstee and. cestui que trust. •</p> <p>The savin»: clause in the statute of limitations, for those under disabilities, includes their equitable rights to sue, as well as their legal rights. The doctrine rests upon reason and conforms to the intendment of the statute. It is a liberal and salutary doctrine that the equitable rights of those who are under disabilities shall not be swept away by the carelessness, ignorance, or negligence of a trustee. Though the legal estate upon which the equitable title is grafted may have been lost, the infant cestui que trust shall not be prejudiced thereby, provided he asserts his title with due diligence after his disability ceases.</p> <p>2. Same : Confirmation of a void sale made by a guardian.-</p> <p>Where a guardian makes a sale of property under a void decree of the court, if the ward, after arriving at maturity, receives the purchase money it will amount to a confirmation of the sale by the ward, and work an estoppel.</p> <p>8. Same : Case in ¿judgment.</p> <p>M., guardian of Mrs. P. in her infancy, sold the real estate of his ward under a void decree, and under an order of the probate court invested the proceeds -of the sale in a lot in the city of Vicksburg- for his ward. The ward married about the age of seventeen, and after she arrived at maturity she and her husband sold the lot in Vicksburg for a larger sum than the guardian realized under the void sale of her realty. Held, that she cannot retain that and recover the property in controversy; she has assented to the void sale by receiving the proceeds of it.</p>